Research › Search › Judgment

Jharkhand High Court · body

2008 DIGILAW 596 (JHR)

Shagufa Bano and Md. Sunaid Alam v. CCL

2008-06-13

N.N.TIWARI

body2008
ORDER Narendra Nath Tiwari, J. 1. The points, in both the writ petitions, are inter-related. The petitioner of the writ petitions claim their appointment on compassionate ground after the death of late Md. Idris in harness while he was posted as Superintendent Engineer under the respondents-M/s. Central Coal Fields Ltd. 2. The case of Shagufa Bano the petitioner in WP (S) No. 4192 of 2007 is that her husband had married twice. His first wife was one Sahnaz Khatoon. Out of the said wedlock, there are two sons, Jawed Ahmad Siddique and Md. Junaid Alam (petitioner of WP (S) No. 2478 of 2007). The second son, Jawed Ahmad Siddique was born in 1990. Thereafter the first wife of Md. Idris died in 1990. Second marriage with the petitioner Shagufa Bano took place in 1991. At that time, the second son, Junaid Alam was living with his maternal uncle as his adopted son. The petitioner claims that Md. Idris had made the petitioner and his first son, Jawed Ahmad Siddique, as his nominees for 50% each. The petitioner was also made nominee for the purpose of appointment. 3. According to the petitioner, after the death of her husband, she, along with his first son, Jawed Ahmad Siddique are entitled to get the retiral benefits of 50% each. The petitioner is also entitled for appointment on compassionate ground. The petitioner had accordingly applied for appointment on compassionate ground. The application was processed by the department. In the meanwhile, Junaid Alam-petitioner of PW (S) No. 2478 of 2007 filed an objection praying for his appointment on compassionate ground and the share of the death-cum-retiral benefits, payable as a son of late Md. Idris. It has been submitted that the petitioner has already received the death-cum-retiral benefits except the leave encashment and family pension. The petitioner claimed that she is entitled to get the remaining benefits including the pension and she alone is entitled for being appointed on compassionate ground. The respondents without any valid ground and on the pretext of the frivolous objection of the said Md. Junaid Alam have kept the matter pending since long, hence this writ petition. 4. Md. The petitioner claimed that she is entitled to get the remaining benefits including the pension and she alone is entitled for being appointed on compassionate ground. The respondents without any valid ground and on the pretext of the frivolous objection of the said Md. Junaid Alam have kept the matter pending since long, hence this writ petition. 4. Md. Junaid Alam-petitioner of WP (S) No. 2478 of 2007, on the other hand, has prayed for a direction on the respondents to appoint him on compassionate ground and pay the amount of the death-cum-retiral benefits, according to his share which he is entitled to get after the death of his father, late Md. Idris, including the share in pension. 5. It has been stated that the petitioner was dependant on his deceased father. His mother-Sahnaz Khatoon had died when he was a small child. After the death of his mother, his father married Shagufa Bano. The petitioner is the second child and he being heir and dependant, is entitled for compassionate appointment. He is also entitled to get share in the death-cum-retiral benefits. It has been stated that if the step-mother--Shagufa Bano has been named as nominee, she is entitled to take all the amounts on behalf of all the legal heirs and to divide the same among all the heirs. The petitioner being the youngest son and the heir of the deceased father is entitled for appointment on compassionate ground. The petitioner filed representation to that effect before the Chairman-cum-Managing Director. CCL, requesting for an order for compassionate appointment and for payment of retiral dues, according to his share, but in spite of repeated requests and reminders, no order has been passed. 6. Learned Counsel appearing on behalf of the respondents submitted that some of the retiral benefits have been paid to Sagufa Bano, who was made nominee by the deceased Md. Idris. However, no decision could be taken on the claims for appointment on compassionate ground in view of the rival claim made for the same both by Shagufa Bano and Md. Junaid Alam. 7. I have heard learned Counsel for the parties and considered the facts and materials on record. It is an admitted position that Shagufa Bano is the second wife and Md. Junaid Alam is the youngest son of late Md. Idris. Both the petitioners have accepted the said relationship. Junaid Alam. 7. I have heard learned Counsel for the parties and considered the facts and materials on record. It is an admitted position that Shagufa Bano is the second wife and Md. Junaid Alam is the youngest son of late Md. Idris. Both the petitioners have accepted the said relationship. The petitioners have made claim for their respective appointment on compassionate ground after the death of Md. Idris. Once such claim is made, the same has to be decided by the employer. Only because two contesting claims have been made for compassionate appointment and for retiral benefits, the matter cannot be kept pending for indefinite period. The claims have to be decided in accordance with the provision of rules, circular and provisions of law by the competent authority. 8. It has been submitted that the Chief General Manager, CCL, Kargali, Bokaro, under whom the said deceased Md. Idris was working, is the competent authority to decide such claim. 9. Considering the above, this writ petition is disposed of giving liberty to the petitioners to file their respective representations before the said authority with the required detail. If such representation(s) is/are filed, the said authority shall consider the same and decide the respective claim of the petitioner(s) within a period of two months from the date of receipt of representation(s).